It shall be unlawful for any person within the United
States, in connection with any telecommunications service or IP-enabled voice
service, to cause any caller identification service to transmit misleading or
inaccurate caller identification information, unless such transmission is
exempted pursuant to paragraph (3)(B).

(2)

Protection for
blocking caller identification information

Nothing in this
subsection may be construed to prevent or restrict any person from blocking the
capability of any caller identification service to transmit caller
identification information.

(3)

Regulations

(A)

In
general

Not later than 6 months after the enactment of this
subsection, the Commission shall prescribe regulations to implement this
subsection.

(B)

Content of
regulations

(i)

In
general

The regulations
required under subparagraph (A) shall include such exemptions from the
prohibition under paragraph (1) as the Commission determines
appropriate.

(ii)

Specific
exemption for law enforcement agencies or court orders

The regulations required under subparagraph
(A) shall exempt from the prohibition under paragraph (1) transmissions in
connection with—

(I)

any authorized activity of a law
enforcement agency; or

(II)

a court order that specifically authorizes
the use of caller identification manipulation.

(4)

Report

Not later than 6 months after the enactment
of this subsection, the Commission shall report to Congress whether additional
legislation is necessary to prohibit the provision of inaccurate caller
identification information in technologies that are successor or replacement
technologies to telecommunications service or IP-enabled voice service.

(5)

Penalties

(A)

Civil
forfeiture

(i)

In
general

Any person that is determined by the Commission, in
accordance with paragraphs (3) and (4) of section 503(b), to have violated this
subsection shall be liable to the United States for a forfeiture penalty. A
forfeiture penalty under this paragraph shall be in addition to any other
penalty provided for by this Act. The amount of the forfeiture penalty
determined under this paragraph shall not exceed $10,000 for each violation, or
3 times that amount for each day of a continuing violation, except that the
amount assessed for any continuing violation shall not exceed a total of
$1,000,000 for any single act or failure to act.

No
forfeiture liability shall be determined under clause (i) against any person
unless such person receives the notice required by section 503(b)(3) or section
503(b)(4).

(iv)

2-year statute
of limitations

No forfeiture penalty shall be determined or
imposed against any person under clause (i) if the violation charged occurred
more than 2 years prior to the date of issuance of the required notice or
notice or apparent liability.

(B)

Criminal
fine

Any person who willfully and knowingly violates this
subsection shall upon conviction thereof be fined not more than $10,000 for
each violation, or 3 times that amount for each day of a continuing violation,
in lieu of the fine provided by section 501 for such a violation. This
subparagraph does not supersede the provisions of section 501 relating to
imprisonment or the imposition of a penalty of both fine and
imprisonment.

(6)

Enforcement by
States

(A)

In
general

The chief legal officer of a State, or any other State
officer authorized by law to bring actions on behalf of the residents of a
State, may bring a civil action, as parens patriae, on behalf of the residents
of that State in an appropriate district court of the United States to enforce
this subsection or to impose the civil penalties for violation of this
subsection, whenever the chief legal officer or other State officer has reason
to believe that the interests of the residents of the State have been or are
being threatened or adversely affected by a violation of this subsection or a
regulation under this subsection.

(B)

Notice

The
chief legal officer or other State officer shall serve written notice on the
Commission of any civil action under subparagraph (A) prior to initiating such
civil action. The notice shall include a copy of the complaint to be filed to
initiate such civil action, except that if it is not feasible for the State to
provide such prior notice, the State shall provide such notice immediately upon
instituting such civil action.

(C)

Authority to
intervene

Upon receiving the notice required by subparagraph (B),
the Commission may intervene in such civil action and upon intervening—

(i)

be heard on all
matters arising in such civil action; and

(ii)

file petitions
for appeal of a decision in such civil action.

(D)

Construction

For
purposes of bringing any civil action under subparagraph (A), nothing in this
paragraph shall prevent the chief legal officer or other State officer from
exercising the powers conferred on that officer by the laws of such State to
conduct investigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence.

(E)

Venue; Service
or process

(i)

Venue

An
action brought under subparagraph (A) shall be brought in a district court of
the United States that meets applicable requirements relating to venue under
section 1391 of title 28, United States Code.

(ii)

Service of
process

In an action brought under subparagraph (A)—

(I)

process may be
served without regard to the territorial limits of the district or of the State
in which the action is instituted; and

(II)

a person who
participated in an alleged violation that is being litigated in the civil
action may be joined in the civil action without regard to the residence of the
person.

(F)

Limitation on
State action while Federal action is pending

If the Commission
has instituted an enforcement action or proceeding for violation of this
subsection, the chief legal officer or other State officer of the State in
which the violation occurred may not bring an action under this section during
the pendency of the proceeding against any person with respect to whom the
Commission has instituted the proceeding.

(7)

Definitions

For
purposes of this subsection:

(A)

Caller
identification information

The term caller identification
information means information provided by a caller identification
service regarding the telephone number of, or other information regarding the
origination of, a call made using a telecommunications service or IP-enabled
voice service.

(B)

Caller
identification service

The term caller identification
service means any service or device designed to provide the user of the
service or device with the telephone number of, or other information regarding
the origination of, a call made using a telecommunications service or
IP-enabled voice service. Such term includes automatic number identification
services.

(C)

IP-enabled voice
service

The term
IP-enabled voice service means the provision of real-time 2-way
voice communications offered to the public, or such classes of users as to be
effectively available to the public, transmitted through customer premises
equipment using TCP/IP protocol, or a successor protocol, for a fee (whether
part of a bundle of services or separately) with interconnection capability
such that the service can originate traffic to, or terminate traffic from, the
public switched telephone network.

(8)

Limitation

Notwithstanding
any other provision of this section, subsection (f) shall not apply to this
subsection or to the regulations under this
subsection.

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